Pursuant to President Obama’s March 20 memorandum to the Secretary of Homeland Security, Janet Napolitano, a Notice was recently published in the Federal Register permitting (i) an automatic six-month extension of employment authorization documents (“EADs”) for Liberian nationals whom deferred enforced departure (“DED”) has been provided, and (ii) a twelve-month extension for certain other Liberian nationals.
The Notice instructs, inter alia, (i) Liberian nationals covered by DED, and their employers, how to determine which EADs are automatically extended; and (ii) the procedure for individuals covered by DED to file for employment authorization for the full 12-month extension with the U.S. Citizenship and Immigration Services (“USCIS”).
Such Notice was made effective March 30, 2009.
Who is eligible for the automatic six-month extension of employment authorization?
According to the Notice, the Department of Homeland Security (“DHS”) is granting automatic six-month extensions of employment authorization to Liberian nationals who are covered by DED as of March 31, 2009. The six-month automatic extension is effective as of April 1, 2009 and will expire on September 30, 2009.
To determine eligibility, the automatic extension is limited to EADs issued to Liberians with an expiration date of September 30, 2007 which bear the notation “A- 12”’ or “C-19”’ on the face of the card under “Category.” The automatic extension also applies to EADs bearing an expiration date of March 31, 2009, and which bear the notation “A-11” on the face of the card under “Category.”
Who is eligible for extended employment authorization for 12 months?
President Obama’s Memo extends DED for twelve (12) additional months to individuals who are currently covered by Liberian DED through March 31, 2009. That list includes only those who held Temporary Protected Status (“TPS”) as of September 30, 2007. Such extensions, however, are not available to the following individuals:
1. Those who would be ineligible for TPS for the reasons provided in Immigration and Nationality Act (“INA”) § 244(c)(2)(B);
2. Those whose removal the Secretary of Homeland Security determines is in the interest of the United States;
3. Those whose presence or activities in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States;
4. Those who have voluntarily returned to Liberia or his or her country of last habitual residence outside the United States;
5. Those who were deported, excluded, or removed prior to March 20, 2009; or
6. Those who are subject to extradition.
PLEASE NOTE: If you are covered under DED for Liberia, and would like employment authorization during the 12-month extension of DED, you must apply for an EAD. Please feel free to contact us for further information and assistance with submitting the appropriate forms and filing fees to USCIS.